How Federal Agencies’ Roles Have Shifted in Trump’s Immigration Battle
Legal experts debate whether federal or state governments hold primary authority over immigration enforcement amid declining border encounters, with fewer than 500,000 reported in 2025.
- At the Federalist Society convention, Gene Hamilton said President Donald Trump’s Jan. 20 executive order relied on executive-branch authorities, amid a panel debate on immigration enforcement and border encounters, which totaled fewer than 500,000 so far in 2025.
- Historically, courts have upheld state authority, citing Mayor of New York City v. Milne and a 2012 Supreme Court ruling where Justice Kennedy emphasized the need for one national sovereign to confer with, not 50 states.
- Citing the Commerce Clause, Akhil Reed Amar, professor of law at Yale, said Congress can regulate non-economic crossings across state, international, or tribal borders, noting the U.S. Constitution omits 'sovereign' for states, requiring nuanced federal enforcement.
- States may act when the federal government fails, Gene Hamilton argued states should protect borders, while Trevor Ezell said both state governments and federal government hold sovereign enforcement powers, citing Texas history.
- Analysts note legal-policy analysts are divided over federal or state control of immigration, with Gene Hamilton citing founders' federal sovereignty and Akhil Reed Amar highlighting constitutional limits tied to Indian tribes and commerce.
61 Articles
61 Articles
The Education Exchange: Lawsuits, Filibusters Frustrate Trump's Attempts to Limit Federal Role
The Education Exchange · Ep. 418 – Nov. 10, 2025 – The Future of the Federal Role in Education Thiru Vignarajah, the former Deputy Attorney General of Maryland and the former Law Clerk to Justice Stephen Breyer, joins Paul E. Peterson to discuss the implications for dismantling or abolishing the U.S. Department of Education. Follow The Education Exchange on Soundcloud, Apple Podcasts, Spotify, or here on Education Next. — Educa…
Legal experts split over state, federal immigration control
(The Center Square) – The second Trump administration has been largely defined by strict immigration enforcement and net zero illegal border crossings. Amid the enforcement, legal policy analysts are divided over whether federal or state governments should control immigration and…
Sarawak Immigration nets over 200 foreigners across Miri, Bintulu and Kapit in weekend sweep
by DayakDaily Team KUCHING, Nov 10: The Sarawak Immigration Department detained over 200 foreigners in a series of enforcement operations conducted in Miri, Bintulu, and Kapit over the weekend, as part of its ongoing efforts to tighten immigration control. According to reports by TVS, the Immigration Department coordinated operations, namely Ops Sapu and Ops Gegar, targeting both urban and interior areas. Ops Sapu and Ops Gegar carried out in Mi…
Legal Experts Split over State, Federal Immigration Control
WASHINGTON D.C. – The second Trump administration has been largely defined by strict immigration enforcement and net zero illegal border crossings. Amid the enforcement, legal policy analysts are divided over whether federal or state governments should control immigration and border security. The U.S. The Department of Homeland Security reported fewer than 500,000 border encounters so far in 2025 compared to more than two million per year in 202…
Coverage Details
Bias Distribution
- 50% of the sources are Center
Factuality
To view factuality data please Upgrade to Premium


















